Patna High CourtCR. MISC./60891/2022rejected

Md Rahim Sai @ Abdul Rahim @ Rahim Sai v. The State Of Bihar

2023-04-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60891 of 2022 Arising Out of PS. Case No.-222 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== MD RAHIM SAI @ ABDUL RAHIM @ RAHIM SAI S/o Rasid Sai Resident of village- Meerpur, P.S.- Chiraiya, District- East champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 304B, 498A and 120B of the Indian Penal Code.

According to prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant due to non-fulfillment of the demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is husband of the deceased and on the basis of suspicion, the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.60891 of 2022(3) dt.03-04-2023 2/2 present case. He further submits that it appears from the F.I.R. that there is no allegation of any assault or overt act against rather there is general and omnibus allegation against all the accused persons including the petitioner.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material come during investigation against the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Chiraiya P.S. Case No. 222 of 2022, pending in the court of learned 4th Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T